The death penalty is not unconstitutional and is even mandatory for certain crimes with the judge and jury having little discretion in the matter in order to avoid violating the provision that prohibits 'cruel and unusual punishment' the methods used for execution of the death penalty should be humane and sensible. While the criminal may lack in possessing any compassion whatsoever that this complete lack of the ability to have or posses real compassion that resulted in their being sentenced to death is a consideration in the regard given those sentenced to death. Finally, there should be no lack of certainty that the individual being put to death was the perpetrator of the crime committed.
VI. The ISSUES & the DEBATE[S]
The issues and debates surrounding the Fourth, Fifth, Sixth and Eighth Amendments to the U.S. Constitution are becoming more heated with each passing day and while the general public has been lulled into complacency in the past two or three decades, the provisions of these and other Constitutional principles and fundamentals are in the spotlight again, at least from the view of the more astute and aware of what these principles in law actually relate to in practice and application and adjudication and sentencing in the criminal justice system. One instance of such a debate is that addressing the death penalty in cases where individuals are mentally ill and are not able to be held responsible because they do not have the mental capacity to understand that they have committed a crime, often referred to as lacking in cognizance. Lethal injection is also presently part of the death penalty debate due to the perceived although yet undecided 'humanity' in this method as it is held by some that the individual being put to death actually suffocates while alive and conscious through use of this particular method of execution in the imposition of the death penalty. As mentioned earlier in this review, the proposals for identification child sex offenders are under debate as there is a critical need to keep children safe from these perpetrators and simultaneously there is a critical need to adhere to the
U.S. Constitution: Discussion Questions A) The Fourteenth Amendment: the Case of Whitney V. California 274 U.S. 357 Whitney V. California (No. 3) Argued: October 6, 1925 Decided: May 16, 1927 453 Affirmed Location: Socialist Convention at Loring Hall Factual Analysis: Anita Charlotte Whitney, who subscribed to the CLPC (Communist Labor Party of California), found herself was arraigned for breaching the state's 'Criminal Syndicalism Act', which forbade any actions aiding or advocating crime commission, including "terrorism as a means
U.S. CONSTITUTION The effect that ever changing societal values have on the Supreme Court's interpretation of the U.S. Constitution The effect that ever changing societal values have on the Supreme Court's interpretation of the U.S. Constitution The effect that ever changing societal values have on the Supreme Court's interpretation of the U.S. Constitution Constitution represents the supreme law that directs political, social, cultural, and economic aspects of the nation. All other laws must
habeas corpus U.S. Constitution relationship protection civil liberties. 2-The historical evolution habeas corpus, including English American traditions. The writ of habeas corpus is one of the fundamental rights that a person detained is given. This writ of habeas corpus demands that a person detained by the authorities has the right to be brought before the court so that the basis for such detention can be established. A suspect irrespective of
To provide for the common defense, as opposed to merely a state-based defense, the Constitution contains what came to be known as the Compact Clause: "No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or
Fifth Amendment of the U.S. Constitution governs the issue of double jeopardy and states in pertinent part, "No person… shall… be subject for the same offense to be twice put in jeopardy of life or limb…( )." The Amendment was a codification of the common law that had long recognized the doctrine that a defendant should not be subject to multiple attempts by the state to convict him for
Criminal Justice When the Constitution replaced the Articles of Confederation in 1789, the United States of America formed a government that specifically divided its powers between three separate branches. This was done in order to make certain that no one branch of government could accumulate too much power. These three are called the Executive, Legislative, and Judicial branches of government, and the Constitution defines the powers each branch of government is
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now